Reilly Climate Change

Dear Mr. Tobias:

On May 28, 2019, the USGS Freedom of Information Act (FOIA) office received
your FOIA request, and assigned it control number *USGS-2019-00139*.
Please cite this number in any future communications with our office
regarding your request. You requested the following information from
August 1, 2018 to present:

Any and all written or electronic communications, including emails and
email attachments, sent or received by Director James Reilly that contain
one or more of the following words or phrases: "climate change", "climate
model", "climate models", "greenhouse", "GHGs", "emissions", "methane",
and/or "carbon".

Before proceeding with your request, I want to inform you that this request
presents *unusual circumstances*: the need to search for or collect
records from a field facility or establishment separate from the office
processing the request. Therefore, we are taking a 10-workday extension
under *43 C.F.R. § 2.19(b)
<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#43:1.1.1.1.2.4.5.6>*
*.*

As a result of the unusual circumstances, your request meets the exceptions
to Section 2 of the FOIA Improvement Act of 2016 rule against assessing
FOIA processing fees. We will notify you if we need to take an additional
extension.

We have classified you as a representative of the “news media” requester.
As such, we may charge you for some of our duplication costs, but we will
not charge you for our search or review costs; you also are entitled to up
to 100 pages of photocopies (or an equivalent volume) for free. *See
<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#43:1.1.1.1.2.7.5.3>**43
C.F.R. § 2.39
<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#43:1.1.1.1.2.7.5.3>*.
If, after taking into consideration your fee category entitlements, our
processing costs are less than $50.00, we will not bill you because the
cost of collection would be greater than the fee collected. *See
<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#43:1.1.1.1.2.7.5.13>**43
C.F.R. § 2.49(a)(1)
<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#43:1.1.1.1.2.7.5.13>**.
*You can expect to hear from us promptly regarding the outcome of this
search.

You have asked us to waive the fees for processing your request. Our FOIA
regulations state that bureaus will waive, or partially waive, fees if
disclosure of all or part of the information is:

1. In the public interest because it is likely to contribute significantly
to public understanding of government operations or activities, and

2. Not primarily in your commercial interest.

*See
<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#43:1.1.1.1.2.7.5.9>**43
C.F.R. § 2.45(a)
<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#43:1.1.1.1.2.7.5.9>*.
Our FOIA regulations also provide four specific criteria that are used to
determine whether these two requirements are met. *See
<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#43:1.1.1.1.2.7.5.12>**43
C.F.R. § 2.48(a)
<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#43:1.1.1.1.2.7.5.12>*
*.* Your request meets the criteria and supports your requested fee waiver;
therefore, I approve your request and waive the FOIA processing fees

We use Multitrack Processing to process FOIA requests. The Simple track is
for requests that can be processed in one to five workdays. The Normal
track is for requests that can be processed in six to twenty workdays. The
Complex track is for requests that can be processed in twenty-one to sixty
workdays. The Exceptional/Voluminous track is for requests requiring more
than sixty workdays for processing. The Expedited track is for requests
that have been granted expedited processing. Within each track, requests
are usually processed on a first-in, first-out basis.

Your request falls into the *Complex* processing track. We therefore
anticipate that we will complete a final response to you by *August 19,
2019**.* During the interim, we will attempt to provide records to you in
batches.

You may limit the scope of your request, which may enable us to process it
more quickly, or agree to an alternative time period for processing by
communicating with us or our USGS FOIA Public Liaison, Mr. Brian May, as
follows:

USGS FOIA Office

Attention: Mr. Brian A. May

5522 Research Park Drive

Baltimore, Maryland 21228

Telephone: (443) 498-5521

Fax: (443) 498-5510

E-Mail: foia@usgs.gov

Additionally, you may contact the Office of Government Information Services
(OGIS) at the National Archives and Records Administration to inquire about
the FOIA mediation services they offer. The contact information for OGIS
is as follows:

Office of Government Information Services

National Archives and Records Administration

8601 Adelphi Road-OGIS

College Park, Maryland 20740-6001

Telephone: (202) 741-5770

Toll free: 1-877-684-6448

Fax: (202) 741-5769

E-mail: *ogis@nara.gov <ogis@nara.gov>*;

Web: *https://ogis.archives.gov <https://ogis.archives.gov/>*

If you have any questions concerning your request, please contact me by
email at *foia@usgs.gov <foia@usgs.gov>* or by phone at (303) 236-2733.

Thank you for your interest in the U.S. Geological Survey.

Sincerely,

//SIGNED//

Nour Suleiman

U.S. Geological Survey

Department of the Interior

Denver Federal Center

Box 25046

Mail Stop 801A

Denver, CO 80225

(303) 236-2733 (office)

(303) 236-1451 (fax)

f <bmay@usgs.gov>oia@usgs.gov

Good Morning Mr. Tobias,

Thank you for your follow up email.

As stated in our 30 May 2019 FOIA Request Acknowledgment email, we use Multitrack Processing to process FOIA requests. The Simple track is for requests that can be processed in one to five workdays. The Normal track is for requests that can be processed in six to twenty workdays. The Complex track is for requests that can be processed in twenty-one to sixty workdays. The Exceptional/Voluminous track is for requests requiring more than sixty workdays for processing. The Expedited track is for requests that have been granted expedited processing. Within each track, requests are usually processed on a first-in, first-out basis.

Your request falls into the Complex processing track. We therefore anticipate that we will complete a final response to you by August 19, 2019. During the interim, we will attempt to provide records to you in batches.

If you have any questions concerning your request, please contact me by email at <mailto:foia@usgs.gov> foia@usgs.gov or by phone at (303) 236-2733.

Thank you for your continued interest in the U.S. Geological Survey.

V/r

Andreas

//SIGNED//

Georg-Andreas Pogány

Government Information Specialist

Freedom of Information Act Office / FOIA

U.S. Department of the Interior / U.S. Geological Survey

Denver Federal Center, Bldg 53

Box 25046, Mail Stop 801A

Denver, Colorado 80225-0046

Ph: 303-236-2737

Email: <mailto:gpogany@usgs.gov> gpogany@usgs.gov

“So, if you cannot understand that there is something in a man which responds to the challenge of this mountain and goes out to meet it, that the struggle is the struggle of life itself upward and forever upward, then you won’t see why we go. What we get from this adventure is just sheer joy We do not live to eat and make money. We eat and make money to be able to enjoy life. That is what life means and what life is for.” Because in the end, you won’t remember the time you spent working in the office or mowing your lawn. You won’t remember the days in between the days that truly matter. Today can be that day, the day you embraced life, the day your journey began. So go and climb that mountain.” George H.L. Mallory & Jack Kerouac

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Good Morning Mr. Tobias:

As yet, we have been unable to make a determination on your request,
USGS-2019-00139; we hope to complete our response to you by Friday,
September 27, 2019. Your request is 39th in our overall queue and 29th in
our Complex processing track queue. I’ve attached our list of open FOIA a
requests to this email.

We apologize for this delay. Although we hope that you will wait so that
we can complete our review process, please note that you may seek dispute
resolution services from me as our FOIA Public Liaison, and/or seek dispute
resolution services from the Office of Government Information Services
(OGIS).

If you choose to contact OGIS, you may do so in any of the following ways:

Office of Government Information Services

National Archives and Records Administration

8601 Adelphi Road – OGIS

College Park, Maryland 20740-6001

Telephone: (202) 741-5770

Fax: (202) 741-5769

Toll-free: 1-877-684-6448

E-mail: ogis@nara.gov

Web: https://ogis.archives.gov

Although we hope that you will wait so that we can complete our records
review, you may file an appeal with the Department’s FOIA/Privacy Act
Appeals Officer regarding this delay. If you choose to appeal this delay,
you may do so anytime between now and the date we make our determination on
the FOIA request. Appeals arriving or delivered after 5 p.m. Eastern Time,
Monday through Friday, will be deemed received on the next workday.

*Your appeal must be made in writing.* You may submit your appeal and
accompanying materials to the FOIA/Privacy Act Appeals Officer by mail,
courier service, fax, or email. All communications concerning your appeal
should be clearly marked with the words: "FREEDOM OF INFORMATION APPEAL."
You must also include with your appeal copies of all correspondence between
you and USGS concerning your FOIA request, including your original FOIA
request and USGS's response. Failure to include with your appeal all
correspondence between you and USGS will result in the Department's
rejection of your appeal, unless the FOIA/Privacy Act Appeals Officer
determines (in the FOIA/Privacy Act Appeals Officer’s sole discretion) that
good cause exists to accept the defective appeal.

Please include your name and daytime telephone number (or the name and
telephone number of an appropriate contact), email address and fax number
(if available) in case the FOIA/Privacy Act Appeals Officer needs
additional information or clarification of your appeal.

*DOI FOIA/Privacy Act Appeals Office Contact Information*

Department of the Interior

Office of the Solicitor

Attn: FOIA/Privacy Act Appeals Office

1849 C Street, N.W.

MS-6556 MIB

Washington, D.C. 20240

Telephone: (202) 208-5339

Fax: (202) 208-6677

Email: *FOIA.Appeals@sol.doi.gov
<https://mail.google.com/mail/?view=cm&fs=1&tf=1&to=FOIA.Appeals@sol.doi.gov>*

We regret the delay and appreciate your consideration in this matter. For
more information on FOIA Administrative Appeals, you may review the
Department’s FOIA regulations at *43 C.F.R. Part 2, Subpart H.
<http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0fc3ab3499768eebc2e3691c8cf88dec&rgn=div5&view=text&node=43:1.1.1.1.2&idno=43#43:1.1.1.1.2.8>*

Should you have any questions, please feel free to contact me at *foia@usgs.gov
<https://mail.google.com/mail/?view=cm&fs=1&tf=1&to=foia@usgs.gov>* and at
(443) 498-5521 (office); (443) 750-2620 (work cell). Thank you for your
patience while we continue processing your request.

Sincerely,

//SIGNED//
Brian A. May
Freedom of Information Act (FOIA) Officer
FOIA Public Liaison
U.S. Geological Survey
Department of the Interior
5522 Research Park Drive
Baltimore, MD 21228
(443) 498-5521 (office)
(443) 750-2620 (work cell)
(443) 498-5510 (fax)
f <bmay@usgs.gov>oia@usgs.gov

Good Morning Mr. Tobias/MuckRock,

Good Morning Mr. Tobias/MuckRock,

Thank you for your email, I thought that I replied to your inquiry earlier
this morning. Did you receive my prior email?

The request, USGS-2019-00139, is currently pending legal review. We'll
respond after the legal review and Awareness Review are complete. Feel
free to call me if you would like to discuss your request with me. Thank
you for your.

Sincerely,

//SIGNED//
Brian A. May
Freedom of Information Act (FOIA) Officer
FOIA Public Liaison
U.S. Geological Survey
Department of the Interior
P.O. Box 411
Bel Air, MD 21014
(443) 750-2620 (work cell)
(703) 648-7199 (fax)
bmay@usgs.gov

Good Morning Mr. Tobias,

On October 28, 2019, the attorney who conducted the legal review identified
additional information that may require a second consultation with the
Office of the Secretary (OS) FOIA Office. On October 31, 2019, I contacted
the Acting OS FOIA Officer and asked if the OS FOIA Office wanted to
conduct a second consultation on the records. On November 18, 2019, I
followed up with the Acting OS FOIA Officer and asked how the OS FOIA
Office would like to proceed with this request. I have yet to hear back
from the OS FOIA Office; therefore, I'll send the package through the
Awareness Review process today. The Awareness Review process may initiate
a second consultation with OS FOIA, if so, I'll let you know. If not, then
we should be able to respond by COB, Monday, December 9, 2019.

Feel free to call me if you would like to discuss your request with me.

Sincerely,

//SIGNED//
Brian A. May
Freedom of Information Act (FOIA) Officer
FOIA Public Liaison
U.S. Geological Survey
Department of the Interior
P.O. Box 411
Bel Air, MD 21014
(443) 750-2620 (work cell)
(703) 648-7199 (fax)
bmay@usgs.gov

Good Morning Mr. Tobias,

We sent the package for Awareness Review, which then turned into a second consultation with the Office of the Secretary FOIA Office. We completed the second consultation and I sent the second Awareness Review today. The Department reviewers have until Noon, Thursday, January 9, 2020 to respond or request an extension. We anticipate sending our final response by the close of business on Thursday or Friday, January 10, 2020.

Feel free to call me if you would like to discuss your request with me.

Thank you for your patience while we continue processing your request.

Sincerely,

brian

Brian A. May

Freedom of Information Act (FOIA) Officer

U.S. Geological Survey

Department of the Interior

P.O. Box 411

Bel Air, MD 21014

(443) 750-2620 (work cell)

(703) 648-7199 (fax)

bmay@usgs.gov<mailto:bmay@usgs.gov>

Good Afternoon Mr. Tobias,

Please find our response to your FOIA request, 2019-00139, attached to this email. I will send the records (287 pages, partially redacted) to you through our Kiteworks application, feel free to contact me once you receive the email/records to Kiteworks. Definitely call me if you are unable to download the records.

Thank you very much for your patience while we processed your request.

Sincerely,

brian

Brian A. May

Freedom of Information Act (FOIA) Officer

U.S. Geological Survey

Department of the Interior

P.O. Box 411

Bel Air, MD 21014

(443) 750-2620 (work cell)

(703) 648-7199 (fax)

bmay@usgs.gov<mailto:bmay@usgs.gov>

bmay@usgs.gov sent you a secure message

Good Afternoon Mr. Tobias,
Please find our response and the partially redacted records (287 pages) attached to this email.  Please call me if you are unable to download the records.
If you decide to appeal, please follow the instructions in the attached letter.  Feel free to call me if you would like to discuss your request with me.
Thank you very much for your patience while we processed your request.
Sincerely,
brian Brian A. May Freedom of Information Act (FOIA) Officer U.S. Geological Survey
Department of the Interior P.O. Box 411 Bel Air, MD 21014 (443) 750-2620 (work cell) (703) 648-7199 (fax) bmay@usgs.gov

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